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5.08 Receipt and Application of Insurance
<br />Proceeds
<br />insurance required by paragraph 5.06 will be adjust
<br />with OWNER and made payable to OWNER as
<br />fiduciary for the insureds, as their interests may
<br />appear, subject to the requirements of any ap icable
<br />mortgage clause and of paragraph 5.08.8. WNER
<br />shall deposit in a separate account any money so
<br />received and shall distribute it in accords ce with such
<br />agreement as the parties in interest y reach. If no
<br />other special agreement is reach the damaged
<br />Work shall be repaired or repla d, the moneys so
<br />received applied on account th reof, and the Work
<br />and the cost thereof cover d by an appropriate
<br />Change Order or Written ndment.
<br />B. OWNER asfi ciary shall have power to
<br />adjust and settle any I s with the insurers unless one
<br />of the parties in inter st shall object in writing within 15
<br />days after the currence of loss to OWNER's
<br />exercise of this ower. If such objection be made,
<br />OWNER as fi uciary shall make settlement with the
<br />insurers in cordance with such agreement as the
<br />parties in ' terest may reach. If no such agreement
<br />among a parties in interest is reached, OWNER as
<br />fiduci shall adjust and settle the loss with the
<br />insu rs and, if required in writing by any party in
<br />in rest, OWNER as fiduciary shall give bond for the
<br />5.09 Acceptance of Bonds and Insurance; Option
<br />to Replace
<br />objection to the coverage afforded by or other pr r
<br />sions of the Bonds or insurance required t be
<br />purchased and maintained by the other party i ccor-
<br />dance with Article 5 on the basis of non -co rmance
<br />with the Contract Documents, the objectin party shall
<br />so notify the other party in writing withi 0 days after
<br />receipt of the certificates (or her evidence
<br />requested) required by paragraph .05.C. OWNER
<br />and CONTRACTOR shall each rovide to the other
<br />such additional information i respect of insurance
<br />provided as the other ma reasonably request. If
<br />either party does not pur ase or maintain all of the
<br />Bonds and insurance quired of such party by the
<br />Contract Documents uch party shall notify the other
<br />party in writing of ch failure to purchase prior to the
<br />start of the Wor or of such failure to maintain prior to
<br />any change ' the required coverage. Without
<br />prejudice to ny other right or remedy, the other party
<br />may elec o obtain equivalent Bonds or insurance to
<br />protect uch other party's interests at the expense of
<br />the rty who was required to provide such coverage,
<br />5.10 Partial Utilization, Acknowledgment of
<br />Property Insurer
<br />A. If OWNER finds it necessary to occupy or use
<br />a portion or portions of the Work prior to Substantial
<br />Completion of all the Work as provided in paragraph
<br />14.05, no such use or occupancy shall commence
<br />before the insurers providing the property insurance
<br />pursuant to paragraph 5.06 have acknowledged notice
<br />thereof and in writing effected any changes in cover-
<br />age necessitated thereby. The insurers providing the
<br />property insurance shall consent by endorsement on
<br />the policy or policies, but the property insurance shall
<br />not be canceled or permitted to lapse on account of
<br />any such partial use or occupancy.
<br />ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
<br />6.01 Supervision and Superintendence
<br />A. CONTRACTOR shall supervise, inspect, and
<br />direct the Work competently and efficiently, devoting
<br />such attention thereto and applying such skills and
<br />expertise as may be necessary to perform the Work in
<br />accordance with the Contract Documents. CON-
<br />TRACTOR shall be solely responsible for the means,
<br />methods, techniques, sequences, and procedures of
<br />construction, but CONTRACTOR shall not be
<br />responsible for the negligence of OWNER or
<br />ENGINEER in the design or specification of a specific
<br />means, method, technique, sequence, or procedure of
<br />construction which is shown or indicated in and
<br />expressly required by the Contract Documents. CON-
<br />TRACTOR shall be responsible to see that the
<br />completed Work complies accurately with the Contract
<br />Documents.
<br />B. At all times during the progress of the Work,
<br />CONTRACTOR shall assign a competent resident
<br />superintendent thereto who shall not be replaced
<br />without written notice to OWNER and ENGINEER
<br />except under extraordinary circumstances. The
<br />superintendent will be CONTRACTOR's
<br />representative at the Site and shall have authority to
<br />act on behalf of CONTRACTOR. All communications
<br />given to or received from the superintendent shall be
<br />binding on CONTRACTOR.
<br />6.02 Labor, Working Hours
<br />A. CONTRACTOR shall provide competent,
<br />suitably qualified personnel to survey, lay out, and
<br />construct the Work as required by the Contract Docu-
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<br />5.10 Partial Utilization, Acknowledgment of
<br />Property Insurer
<br />A. If OWNER finds it necessary to occupy or use
<br />a portion or portions of the Work prior to Substantial
<br />Completion of all the Work as provided in paragraph
<br />14.05, no such use or occupancy shall commence
<br />before the insurers providing the property insurance
<br />pursuant to paragraph 5.06 have acknowledged notice
<br />thereof and in writing effected any changes in cover-
<br />age necessitated thereby. The insurers providing the
<br />property insurance shall consent by endorsement on
<br />the policy or policies, but the property insurance shall
<br />not be canceled or permitted to lapse on account of
<br />any such partial use or occupancy.
<br />ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
<br />6.01 Supervision and Superintendence
<br />A. CONTRACTOR shall supervise, inspect, and
<br />direct the Work competently and efficiently, devoting
<br />such attention thereto and applying such skills and
<br />expertise as may be necessary to perform the Work in
<br />accordance with the Contract Documents. CON-
<br />TRACTOR shall be solely responsible for the means,
<br />methods, techniques, sequences, and procedures of
<br />construction, but CONTRACTOR shall not be
<br />responsible for the negligence of OWNER or
<br />ENGINEER in the design or specification of a specific
<br />means, method, technique, sequence, or procedure of
<br />construction which is shown or indicated in and
<br />expressly required by the Contract Documents. CON-
<br />TRACTOR shall be responsible to see that the
<br />completed Work complies accurately with the Contract
<br />Documents.
<br />B. At all times during the progress of the Work,
<br />CONTRACTOR shall assign a competent resident
<br />superintendent thereto who shall not be replaced
<br />without written notice to OWNER and ENGINEER
<br />except under extraordinary circumstances. The
<br />superintendent will be CONTRACTOR's
<br />representative at the Site and shall have authority to
<br />act on behalf of CONTRACTOR. All communications
<br />given to or received from the superintendent shall be
<br />binding on CONTRACTOR.
<br />6.02 Labor, Working Hours
<br />A. CONTRACTOR shall provide competent,
<br />suitably qualified personnel to survey, lay out, and
<br />construct the Work as required by the Contract Docu-
<br />00700 - General Conditions REV 04-07
<br />00700-18
<br />FAEngineering\Capital
<br />Projects\0216-12th
<br />Street Between 16th Avenue and 11th Place\0216 Bid
<br />Documents\00700 - General Conditions REV 04-07.doc
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